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Hi Im new here
sent 1st letter to get all charges from Northern Rock and did get them eventually!!!
then sent 2nd letter out of library asking for refund of all charges and this was there response
re current account charges
it appears from your letter that you have either failed to grasp or chosen to ignore, the key legal issues in relation to charges for services provided to northern rock plc current account holders,as set out in northern rocks letter
dated 22nd june 2006.
in summary :
1 charges on current accounts are charges for services and are not default charges or put another way they are not charges that arise due to breach of contract.
2 in law,for a clause to be deemed a penalty clause, it has to operate due to a breach of contract.
3 the essence of a current account contract is the provision of current account services by a provider to the current account holder:and,
4the charges made by the current account provider for those services go directly to the adequacy of the bargain between the current account holder
and the current account provider and as such are a core term of the contract.
5 current account charges are stated at the outset clearly and unambiguously
and prior to the conclusion of the agreement between the customer and northern rock plc
6 the combined effects of points 1-5 above is that the current account charges are entirely lawful ,they are not an illegsal penalty and nor are they unfair or unenforceable
as a result ,northern rock plc is not required and would not be compelled by a court ,to disclose the financial Breakdown of current account charges being sought by yourself.
you make reference to a regime that is unlawful at common law,statute and recent consumer regulations without identifying the common law, statute or consumer regulations or indeed the specific sections or regulations you rely on.
further you should specify with particularity any conduct on the part of northern rock plc that you consider has been unlawful or has not complied with uk law.
for the avoidance of any confusion ,northern rock plc has only ever acted as your current account service provider and not in any way as your personal banking service provider or any other position that might arguably be considered
to place it in the position of your fiduciary.
with regard to the threat of court proceedings,northern rock plc looks forward to recieving your substantive response to the legal points raised in its letter dated 22.6.06 and the points raised above prior to the issue of any proceedings.
for the reasons set out above ,northern rock plc does not consider that your letters of 20/4/06 and 12/706 disclose reasonable grounds for bringing a claim against it and nor, if such a claim was issued ,that it would have any prospect of success.
in the event that proceedings are issued without your having provided a substantive response to the legal issues raised northern rock plc reserves the right to bring such failure to respond and the content of these letters to the attention of the court in relation to its costs.
in light of having to restate the legal position ,previously set out in northern rocks plcs letter to you dated 22.6.06,it is strongly recommended that you seek independant legal advice if your are in anyway unsure as to the meaning of any
of the above.
i enclose a further copy of our internal complaints procedure,if you remain dissatisfied with our response please` write to me and i will ensure your complaint is reviewed further .
alternatively if i do not hear from you within eight weeks from the date of this letter i will close your complaint for you.
yours sincerely
lynne mathews
manager
customer support
the charges in total are £460 which includes unauthorised overdrafts at £20
a time and a few dd unpaid at £30 a time
Also now being viewed by site staff. If any response is needed, we will inform you.
..
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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
If it were me, I think the answer to that would have to be a very firm: "Looking forward to see you debate that one in court then. I hope your legal team is familiar with the term "cloaking the penalty". As for you, since you're only "customer support", I do not expect you to be familiar with contract law, and can only hope your legal team is, so as to give you a crash course for future reference. "
As for "in the event that proceedings are issued without your having provided a substantive response to the legal issues raised Northern Rock plc reserves the right to bring such failure to respond and the content of these letters to the attention of the court in relation to its costs", they conveniently ignore the fact that you do not have to respond to any "legal issues", that's what their legal dept is for if they want to check it out.
Anyway, I could pick at that letter all night, but it doesn't help you.
So what you do now, if you are not familiar with the step-by-step of this forum and the FAQs, is read them. Once you are pretty certain in your head that NR is talking a load of old cobblers, you write your 2nd letter giving them an extra 14 days to come to their senses, as set out in the step-by-step. Once the 14 days are up, you issue court claim. And see who blinks first. So far, they always have. Funny that.
Apologies to people who I was in the process of helping, I may be gone some time.
northern rock charges
and did get them eventually!!!
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